2021 Legislation

The following is a brief summary of the bills POPAI is tracking for our membership.  If you have any questions or concerns about pending legislation, please contact a member of the POPAI Board.

For the current status and full text of each bill please go to: http://iga.in.gov/legislative/2021/bills/.

This page was last updated on 1-20-2021 at 12:00 p.m.

 

Senate: 

SB 14: Criminal court magistrate for Lake County. – Provides that a magistrate may be appointed for Lake County criminal court division No. 4.

SB 21: Sheriff reimbursement rate. – Provides that the per diem rate paid from the county jail maintenance contingency fund or any other fund after June 30, 2021, and before July 1, 2023, may not be less than $55 per day for persons convicted of felonies, including: (1) persons convicted of a Level 6 felony; and (2) convicted felons who are incarcerated for more than five days after the day of sentencing or the date upon which the department of correction receives the abstract of judgment and sentencing order, whichever occurs later.

SB 31: Election of Lake County superior court judges. – Provides that the superior court judges of Lake County are elected as are other superior court judges. Provides that the change to the election of a judge does not occur until the general election that occurs immediately before the expiration of the term of a judge sitting on the court under current law. Repeals superseded provisions.

SB 34: Unlawful assembly. – Provides that a person convicted of rioting is not eligible: (1) for employment by the state or a local unit of government; and (2) to receive certain state and local benefits. Removes immunity under the Indiana tort claims act for the failure to enforce a law if the failure to enforce the law: (1) occurs in connection with an unlawful assembly; and (2) constitutes gross negligence. Allows for the civil forfeiture of property that is used by a person to finance a crime committed by a person who is a member of an unlawful assembly. Prohibits a person from being released on bail without a hearing in open court, establishes a rebuttable presumption that money bail shall be required, and requires a court to consider whether bail conditions more stringent than the local guidelines should be imposed. Adds enhanced penalties to the crimes of: (1) rioting; (2) obstruction of traffic; (3) criminal mischief; and (4) disorderly conduct. Adds a sentence enhancement to battery committed by a member of an unlawful assembly. Defines “defunding law enforcement” and allows a person to bring an action to enjoin a local unit from defunding law enforcement.

SB 37: Misdemeanor reimbursement. – Provides that a county may be reimbursed for indigent services provided for misdemeanors in a superior or circuit court. (Current law excludes misdemeanor cases from reimbursement.)

SB 42: Local government budgets. – Provides that a local government unit may not reduce its annual budget for public safety, police, or fire services for a fiscal year by an amount in excess of the levy reduction by the unit for the fiscal year unless the unit is subject to a revenue shortfall for the fiscal year.

SB 63: Mental health treatment for inmates. – Mental health treatment for inmates. Provides that committed offenders with serious physical or mental disorders may remain in treatment facilities operated by the department of correction until release to a similar treatment facility can be accomplished.

SB 75: Separation of powers. – Provides that any order, rule, or edict of any kind from the executive branch or the judicial branch that invades the constitutional or lawful authority of the legislative branch is null and void until approved by the general assembly.

SB 94: Pension matters. – Provides that the Indiana public retirement system (INPRS) shall pay the governors’ retirement and surviving spouse pensions from the public employees’ retirement fund (PERF). (Current law makes the auditor of state responsible for the payments.) Changes the definition of “retired participant” in the retirement medical benefits account statute to require only that the participant be eligible to receive a normal, unreduced retirement or disability benefit. Eliminates the requirement that INPRS shall make an actuarial valuation of the assets and liabilities of the retiree health benefit trust fund at least every two years and instead requires INPRS each yearto report the assets and liabilities of the retiree health benefit trust fund and make recommendations for employer contribution amounts. Provides that if an individual becomes a participant in the public employees’ defined contribution plan with respect to the individual’s service as a volunteer firefighter, the individual’s service as a volunteer firefighter is disregarded in determining the individual’s “years of participation” in the plan for other covered employment. Provides that interest shall be credited to the account of each participant in the prosecuting attorneys’ retirement fund at least annually. Specifies the repayment conditions that apply if a participant of the judges’ retirement system or a fund member of the 1977 police officers’ and firefighters’ pension and disability fund withdraws from the respective fund and again becomes a participant or member of the respective fund at a later date. (The introduced version of this bill was prepared by the interim study committee on pension management oversight.)

SB 98: Interstate compact transportation fund. – Allows a community corrections agency to access funds from the county offender transportation fund to defray the cost of transporting offenders and delinquent children as requested by a court, a probation department, a community corrections agency, or a county sheriff.

SB 132: Juveniles and firearms. – Provides that a child who commits dangerous possession of a firearm or provides a firearm to another child in certain circumstances has committed a delinquent act subject to the jurisdiction of a juvenile court.

SB 174: Lake and St. Joseph county magistrates. – Provides that in appointing magistrates, the judge of the St. Joseph County probate court and the judge of the juvenile division of the Lake County superior court shall strive to reflect the ethnic and racial demographics of their respective counties.

SB 191: Juvenile delinquency matters. – Provides that the juvenile court may exercise jurisdiction over a child who: (1) is at least 16 years of age and is charged with certain more serious offenses; or (2) has a previous adult conviction and is alleged to have committed an offense that would be a felony if committed by an adult. Provides for automatic expungement of a delinquency adjudication if the delinquent act: (1) did not result in bodily injury to another person; and (2) is not a sex offense.

SB 193: Credit time. – Provides that a person assigned to credit class P earns one day of good time credit for each day served.

SB 197: Criminal law issues. – Specifies that a conviction for certain sex offenses requires mandatory revocation of a teaching license. Provides that a child who: (1) commits indecent display by a youth; or (2) commits dangerous possession of a firearm or provides a firearm to another child in certain circumstances; has committed a delinquent act subject to the jurisdiction of a juvenile court. Provides that bail provisions that apply to persons on probation and parole also apply to persons on community supervision. Removes and replaces certain references to “official investigations”, “official proceedings”, and methods of reporting. Adds to the crime of resisting law enforcement the act of resisting, refusing, obstructing, or interfering with a law enforcement officer’s lawful: (1) entry into a structure; or (2) order to exit a structure. Provides that all Level 1 and Level 2 felonies may be prosecuted at any time. Repeals synthetic identity deception and consolidates it with identity deception. Provides that all felony battery and domestic battery crimes are crimes of violence, and adds arson and criminal confinement to the list of crimes of violence. Makes attempted murder a predicate offense for the use of a firearm sentence enhancement. Makes certain changes to the definition of “substantially similar” for purposes of the controlled substance law. Adds controlled substance analogs to certain statutes prohibiting controlled substances in penal facilities. Repeals and consolidates various fraud and deception offenses. Defines “financial institution” for purposes of crimes involving financial institutions. Defines “pecuniary loss” for purposes of fraud in connection with insurance. Makes conforming amendments.

SB 198: Rioting. – Grants the attorney general concurrent jurisdiction with the prosecuting attorney to prosecute an action in which a person is accused of committing a criminal offense while a member of an unlawful assembly. Permits the chief executive officer of a political subdivision to establish a curfew under certain circumstances. Makes refusing to leave a location in violation of a curfew, after having been informed of the curfew and ordered to leave by a law enforcement officer, a Class B misdemeanor. Allows for the civil forfeiture of property that is used by a person to finance a crime committed by a person who is a member of an unlawful assembly. Prohibits a person from being released on bail without a hearing in open court, establishes a rebuttable presumption that money bail shall be required, and requires a court to consider whether bail conditions more stringent than the local guidelines should be imposed. Adds enhanced penalties to the crimes of: (1) rioting; and (2) obstruction of traffic. Makes felony rioting a predicate offense for purposes of the felony murder statute. Establishes the crime of enabling rioting, a Class B misdemeanor, if a person: (1) is present during the commission of a felony by a member of an unlawful assembly; (2) knows that the member is committing a criminal offense; and (3) fails to immediately leave or report the offense to law enforcement. Makes providing funding to a person to commit a criminal offense while a member of an unlawful assembly a Class A misdemeanor, and increases the penalty to a Level 6 felony if the person provides funding for five or more people, and a Level 5 felony if the person provides funding for 10 or more people.

SB 221: Credit time classes. – Changes credit Class A to include any noncredit restricted felon who is charged with a crime. Changes credit Class B to permit a credit restricted felon imprisoned for a crime, or imprisoned and awaiting trial or sentencing for a crime, to earn one day of good time credit for every three days of confinement.

SB 222: Money bail. – Provides that if: (1) the most serious crime with which an arrestee is charged is a misdemeanor which did not result in bodily injury to another person and which is not operating while intoxicated; (2) the arrestee does not have a felony conviction; and (3) certain other conditions apply; the court shall release the arrestee without money bail unless the court finds by a preponderance of the evidence that requiring money bail is reasonably necessary.

SB 232: Exposure risk diseases. – Adds any variant of severe acute respiratory syndrome (SARS), including coronavirus disease (COVID-19), to the list of diseases considered an exposure risk disease for purposes of emergency and public safety employee death and disability presumed in the line of duty.

SB 255: Expungement. – Permits expungement of expungeable felony convictions if the convicted person meets certain requirements and has not been convicted of another felony (under current law, “another crime”) within a specified time period.

SB 290: Detention of juvenile arrestees. – Prohibits a juvenile arrestee who meets certain requirements from being housed with adult inmates prior to trial except when it would be in the best interests of justice to house the arrestee with adults. Requires the court to consider: (1) the age of the juvenile arrestee; (2) the physical and mental maturity of the juvenile arrestee; (3) the present mental state of the juvenile arrestee, including whether the juvenile arrestee presents an imminent risk of harm to himself or herself or others; (4) the nature and circumstances of the alleged offense; (5) any prior history of delinquent or criminal acts of the juvenile arrestee; and (6) the ability of the adult facility to meet the specific needs of the juvenile arrestee; in determining whether the best interests of justice require that the juvenile arrestee be housed with adults. Provides that a juvenile arrestee may not be held in an adult facility for more than 180 days unless good cause is shown. Requires the court to review its determination of placement every 30 days. Requires the county sheriff to refer to persons under 18 years of age by only their initials. Mandates that the county sheriff’s weekly report of inmates in the county jail must be delivered to the Indiana criminal justice institute. Requires the Indiana criminal justice institute to make the report available to the public.

SB 327: Decatur County magistrate. – Allows the judge of the Decatur County: (1) superior; or (2) circuit; court to appoint one full-time magistrate. Allows the magistrate to serve the Decatur County superior court and the Decatur County circuit court. Provides that the magistrate may be removed from office by the judge of the Decatur County superior court or the judge of the Decatur County circuit court.

SB 350: Small claims appointed counsel. – Establishes the Marion County small claims appointed counsel pilot program (program). Provides legal counsel to indigent tenants during possessory actions in Marion County small claims courts. Provides that Marion County small claims courts shall contract with attorneys and legal aid services to accommodate indigency based requests for legal representation. Requires the justice reinvestment advisory council to submit an annual report concerning the program to the general assembly.

SB 359: Confirmation of judicial appointments. – Renames the judicial nominating commission as the commission on judicial nominations and qualifications. Provides that one commission member is selected by attorneys licensed in Indiana, one commission member is appointed by the speaker of the house of representatives, and one commission member is appointed by the president pro tempore of the senate. Requires that, of the three members appointed by the governor, at least one commission member must be an attorney. Prohibits a person who is a lobbyist from serving on the commission. Provides for the governor to fill a vacancy on the supreme court or the court of appeals from nominees recommended by the commission, subject to confirmation by the senate. Provides that a justice of the supreme court or a judge of the court of appeals serves until July 1 of the tenth year after the justice’s or judge’s appointment is confirmed by the senate or the justice’s or judge’s retention in office is confirmed by the house of representatives. Provides that if a justice or judge wants to serve a new term, the justice or judge must apply to the house of representatives for retention. Specifies that a judge or justice will be retained, unless: (1) the judge or justice does not apply to the house of representatives for retention; or (2) at least 60% of the members of the house of representatives vote against retention. Amends the provisions concerning impeachment proceedings for a justice or judge. Provides a transition for justices and judges serving at the time of the adoption of these amendments to the constitution. This proposed amendment has not been previously agreed to by a general assembly.

SB 368: Juvenile justice. – Requires the Indiana criminal justice institute to track the number of children committed to jail. Repeals the juvenile direct file statute, increases the age at which a court may waive juveniles in certain circumstances, and makes certain firearm offenses waivable. Provides for the automatic expungement of certain juvenile offenses. Removes the penalty of life without parole for persons who commit murder while less than 18 years of age. Makes it a mitigating factor for imposition of the death penalty that the defendant was less than 25 years of age. (Under current law, the mitigator applies if the defendant was less than 18.) Makes possession by a minor of marijuana and paraphernalia used with marijuana a juvenile status offense. Prohibits a juvenile arrestee who meets certain requirements from being housed with adult inmates prior to trial, with certain exceptions. Increases the availability of sentence modification for crimes committed by persons less than 18 years of age. Establishes a procedure for determining juvenile competency. Makes other changes and conforming amendments.

SB 380: Court matters. – Adds a superior court in Hamilton County. Allows the judges of the Decatur circuit and superior courts to jointly appoint a magistrate to serve the Decatur County courts. Allows the judges of the Hancock circuit and superior courts to jointly appoint a magistrate to serve the Hancock County courts. Allows the judges of the Huntington circuit and superior courts to jointly appoint a magistrate to serve the Huntington County courts. Allows the judges of the Knox circuit and superior courts to jointly appoint a magistrate to serve the Knox County courts. Allows the judge of the Lake superior court division No. 4 to appoint a magistrate to serve the Lake superior court division No. 4. Provides that the: (1) clerk of a circuit court; (2) clerk of a city or town court; or (3) judge of a city or town court that does not have a clerk; may retain as an administrative fee in an amount of up to $3 from the excess amount collected by the clerk for general court costs. Repeals Indiana Code provisions concerning garnishments and adds provisions setting forth the procedure for a judgment creditor to obtain the personal earnings or property of a judgment debtor through a garnishment proceeding. Makes conforming changes.

 

House: 

HB 1001: State budget. – Appropriates money for capital expenditures, the operation of the state, K-12 and higher education, the delivery of Medicaid and other services, and various other distributions and purposes. Replaces the governor with the budget director or the budget director’s designee on the state board of finance. Renames the personal services/fringe benefits contingency fund as the budget agency contingency fund (fund). Adds the following authorized fund uses: (1) Emergency capital project expenses. (2) Necessary expenses for existing programs as determined by the governor and budget director. Removes a provision that prevents transfers from the fund for other purposes. Requires the budget committee to be advised of each transfer from the fund that exceeds $500,000. Replaces the state librarian with the budget director as a member of the enhanced access fee committee. Transfers the operations of the Indiana department of gaming research into a newly established gaming research division of the Indiana gaming commission. Repeals the exoneration fund. Provides that any money remaining in the fund is transferred to the state general fund. Replaces the director of the budget agency with the director of the office of management and budget as an ex officio voting member of the board of trustees of the Indiana public retirement system (INPRS). Removes the annual appropriation provision for the examinations fund of the state board of accounts. Replaces the state superintendent of public instruction with the secretary of education or the secretary’s designee as a member of the distressed unit appeal board. Amends the venture capital investment tax credit to apply to taxpayers that provide qualified investment capital to certain qualified Indiana investment funds (qualified fund). Provides that the Indiana economic development corporation (IEDC) may only certify a fund as a qualified fund if the fund meets the definition of a venture capital fund under federal regulations and the fund makes investments according to specified policy requirements and priorities. Provides that a taxpayer may not claim a credit certified with regard to a qualified fund before July 1, 2023. Specifies the maximum available tax credits in a calendar year with regard to a qualified fund. Increases the maximum available tax credits in a calendar year with regard to qualified Indiana businesses under current law, including an additional increase in the maximum amount if the qualified Indiana business is a minority business enterprise or a women’s business enterprise. Caps the total amount of credits that the IEDC may award in a calendar year at $20,000,000, provided that not more than $7,500,000 is awarded for proposed investments in a qualified fund. Provides that, beginning July 1, 2021, all aviation fuel excise tax revenue is transferred to the airport development grant fund (under current law, 50% of the aviation fuel excise tax revenue is transferred to the general fund and 50% is transferred to the airport development grant fund). Adjusts the distributions from the excise fund to increase the amount transferred to the enforcement and administration fund and correspondingly decrease the amount transferred to the state general fund. Clarifies the equal opportunity procurement and contracting requirements for certain projects. Removes the sunset of provisions regarding public-private agreements that provide that legislative approval is not required to impose tolls on certain projects. Specifies that, except for those certain projects, the general assembly must enact authorizing legislation before the Indiana department of transportation (INDOT), the Indiana finance authority (IFA), or an operator may enter into public-private agreements that impose user fees on motor vehicles for use on highways and roads in existence or under construction on July 1, 2011. Provides that the IFA must be a party to any public-private agreement that requires payments to be made to an operator after the operator receives final payment for construction. Specifies the IFA’s bonding authority for public-private partnership projects. Removes annual budget committee review of the distribution formula established by INDOT for the public mass transportation fund. Extends the expiration of the hospital assessment fee and the quality assessment fee from June 30, 2021, to June 30, 2023. Removes a provision that prevents unused money appropriated to the department of education for the advanced placement program from reverting to the state general fund. Establishes a definition of “virtual instruction” for purposes of determining a school corporation’s basic tuition support using the average daily membership (ADM). Provides that any increase in the maximum higher education award and freedom of choice award by the commission for higher education is subject to approval by the budget agency. (Under current law, the commission’s annual determination of the maximum awards is subject to approval by the budget agency with review by the budget committee.) Requires money from judicial insurance adjustment fees to be deposited in the state general fund. Appropriates $400,000,000 from the state general fund to the pre-1996 account of the teachers’ retirement fund of the INPRS. Appropriates amounts for defeasing bonds. Allows the budget agency to augment the county jail maintenance contingency fund appropriation from the state general fund for the 2020-2021 state fiscal year by an amount necessary to cover jail and parole holds. Specifies the uses for the augmented amount. Makes corresponding changes.

HB 1016: Criminal justice studies and reform. – Establishes the criminal justice study committee (committee) to conduct a multiyear, comprehensive study of the criminal justice system. Specifies various aspects of the criminal justice system that the committee must study. Establishes the criminal justice reform commission (commission). Specifies: (1) study topics; (2) membership; (3) membership terms; (4) appointing authorities; (5) quorum requirements; (6) reporting requirements; and (7) member per diems; for the commission.

HB 1022: Minimum age for juvenile detention. – Provides that a child who is less than 12 years of age may not be held in a juvenile detention facility, unless: (1) the child is 10 years of age or 11 years of age; and (2) the court finds that: (A) there is probable cause to believe the child committed an act that would be murder if committed by an adult; and (B) it is in the best interests of the child or the community that a petition be filed alleging that the child is a delinquent child. Requires a court that orders achild 10 years of age or 11 years of age to be detained in a juvenile facility to make specified written findings and conclusions.

HB 1023: Summons to appear for a misdemeanor. – Provides that in lieu of arresting a person who has allegedly committed a misdemeanor (other than a traffic misdemeanor) in a law enforcement officer’s presence, the officer shall issue a summons and promise to appear unless the person: (1) has committed a violent misdemeanor offense that involves a victim or a weapon or involves an offense related to the impaired operation of a motor vehicle; (2) poses a safety risk to the person, the officer, or the public; or (3) has falsely identified the person to the officer. Provides, however, that the law enforcement officer is not required to issue a summons if the person: (1) is subject to arrest for another offense; (2) has violated the terms of supervised release; or (3) has an outstanding warrant. Requires that the summons set forth substantially the nature of the offense and direct the person to appear before a court at a stated place and time not later than two business days after issuance of the summons.

HB 1042: Hamilton County superior court. – Adds a superior court in Hamilton County.

HB 1043: Huntington County magistrate. – Provides a full time magistrate for Huntington County.

HB 1064: Hancock County magistrate. – Provides a full-time magistrate for Hancock County.

HB 1068: Local justice reinvestment advisory councils. – Establishes a local justice reinvestment advisory council (local advisory council) in each county in Indiana. Provides that the purpose of a local advisory council is to review local criminal justice systems, policies, and procedures. Provides that the justice reinvestment advisory council shall assist local advisory councils with promoting: (1) the use of evidence based practices; and (2) certain best practices of community based alternatives and recidivism reduction programs. Sets forth duties of local advisory councils. Requires that the justice reinvestment advisory council conduct a review of community corrections code provisions in the Indiana Code.

HB 1083: Court fees. – Allows a city court, town court, or small claims court to retain, as an administrative fee, an amount not greater than $3 in certain instances.

HB 1112: Marion County magistrates. – Allows the Marion County superior courts to appoint 27 full-time magistrates after December 31, 2021, not more than 14 of whom may be from the same political party.

HB 1127: Mental health and addiction forensic treatments. – Removes a provision that allows a: (1) delinquent child’s; or (2) person’s; Medicaid participation to be terminated following a two year suspension due to certain adjudications or incarceration. Adds competency restoration services to the list of treatment and wraparound recovery services made available to certain persons in the criminal justice system. Adds competency restoration services to the list of services that qualify a person for mental health and addiction forensic treatment services. Adds: (1) recovery community organizations; and (2) recovery residences; certified by the division of mental health and addiction (division) or its designee to the list of organizations eligible for certain funds and grants from the division. Requires demographic data concerning race and ethnicity to be included in certain demographic research performed by the division.

HB 1182: Special driving privileges. – Provides that if a court issues a signed order to an individual granting specialized driving privileges, the bureau of motor vehicles shall not deny specialized driving privileges to that individual.

HB 1198: Adult and juvenile court jurisdiction. – Provides that a complaint, indictment, or information for certain sex crimes shall be filed in adult criminal court if the accused person: (1) was less than 18 years of age at the time of the offense; and (2) is at least 21 years of age at the time of filing the complaint, indictment, or information. Provides that a prosecution for certain sex crimes must be commenced not later than one year after certain information is discovered if the accused person: (1) was less than 18 years of age at the time of the offense; and (2) is at least 21 years of age at the time of filing the complaint, indictment, or information. Provides that a court may suspend any part of a sentence for certain offenses filed in adult court.

HB 1202: Sentencing. – Provides that the department of correction shall identify an inmate to the parole board and provide the parole board with the inmate’s offender progress report as soon as practicable after the inmate has been confined to the custody of the department of correction for: (1) 15 consecutive years; (2) 14 consecutive years if the inmate has received one year of educational credit; (3) 13 consecutive years if the inmate has received two years of educational credit; (4) 12 consecutive years if the inmate has received three years of educational credit; or (5) 11 consecutive years if the inmate has received four years of educational credit. Provides that, after considering certain factors in determining whether to discharge an inmate who is not a violent criminal to parole or release an inmate who is not a violent criminal to the committing court for probation, the parole board shall discharge the inmate to parole or release the inmate to the committing court for probation if the sentence the inmate has served, including any credit time earned or accrued, for an offense committed before July 1, 2014, is greater than the current maximum sentence for the offense on the date the inmate files for a petition for discharge. Provides that an inmate who is not a violent offender whose petition for discharge was denied by the parole board for an offense that was committed before July 1, 2014, may seek further relief by petitioning the court for a sentence modification. Provides that if a person who is not a violent offender petitions for a sentence modification for an offense that was committed before July 1, 2014, the court shall do the following: (1) Consider the current maximum sentence for the offense on the date the person files a petition for sentence modification, including the minimum sentence, maximum sentence, and advisory sentence. (2) Grant the person’s petition for sentence modification and modify the person’s sentence if the sentence the person has served or will serve, including any credit time earned or accrued, for an offense committed before July 1, 2014, is greater than the current maximum sentence for the offense on the date the person files for a petition for sentence modification. (3) Discharge the person to parole or release the person to the committing court for probation if the sentence the person has served, including any credit time earned or accrued, for an offense committed before July 1, 2014, is greater than the current maximum sentence for the offense on the date the person files for a petition for sentence modification.

HB 1208: Fines, fees, and court costs. – Repeals language concerning: (1) a juvenile court ordering a parent to reimburse a county for certain costs related to the placement of a child in need of services (CHINS), placement of a delinquent child, or a child made a ward of the department of child services (DCS); (2) a parent being required to reimburse the department of correction for costs of certain services; (3) certain juvenile probation fees; (4) court costs for CHINS and delinquency proceedings; (5) costs for a child returned to Indiana under an interstate compact; (6) a parent to reimburse a county for public defender services provided to a child; and (7) fines, costs, and fees imposed on a delinquent child, or the parent or guardian of a delinquent child, throughout the juvenile code. Repeals the division of youth services transitional services fund. Removes proceedings in paternity from the civil costs fee for a party filing certain civil actions. Provides that any: (1) outstanding costs, fees, or other financial obligations; or (2) any warrant based solely on costs, fees, or other financial obligations; that have been imposed on a delinquent child or the parent or guardian of a delinquent child are vacated and unenforceable. Urges the legislative council to assign an appropriate interim committee to study the collection and distribution of court cost fees.

HB 1211: Detention of juveniles charged as adults. – Requires the department of correction to adopt jail standards that prohibit a jail from housing a child less than 18 years of age in the same cell as an adult, even if the child is charged as an adult or has been convicted of an offense as an adult. Specifies that a county jail may transfer a child if necessary to comply with the prohibition against housing a child in the same cell as an adult.

HB 1223: Expungement and schools. – Allows disclosure of expunged records to a school in connection with the employment of a person likely to have contact with a student.

HB 1227: Thirteenth check and $50 increase payment. – Provides for a thirteenth check in 2021 for certain members of the: (1) Indiana state teachers’ retirement fund; (2) public employees’ retirement fund; (3) state excise police, gaming agent, gaming control officer, and conservation enforcement officers’ retirement plan; (4) state police pre-1987 benefit system; and (5) state police 1987 benefit system. Provides for a $50 payment to members of the Indiana state teachers’ retirement fund and public employees’ retirement fund, and to participants of the state excise police, gaming agent, gaming control officer, and conservation enforcement officers’ retirement plan.

HB 1236: Sentencing aggravators. – Specifies that aggravating circumstances based on the commission of certain offenses include only those offenses of which the defendant was convicted. Provides that a court, when sentencing a defendant, may not consider as an aggravating circumstance: (1) any charge of which the defendant was acquitted; or (2) the fact that the state elected not to charge the defendant with one or more offenses.

HB 1256: Juvenile court jurisdiction. – Provides that a child who: (1) commits indecent display by a youth; or (2) commits dangerous possession of a firearm or provides a firearm to another child in certain circumstances; has committed a delinquent act subject to the jurisdiction of a juvenile court.

HB 1304: Lake County magistrate. – Allows the judge of the Lake superior court division No. 4 to appoint a magistrate to serve the Lake superior court division No. 4.

HB 1334: Youth advisory council. – Adds “crime” and “juvenile justice” to the list of issues that the youth advisory council (council) is to provide information about to the general assembly. Modifies the membership of the council to include members who represent a racial minority and members who have been held in juvenile detention, are participating in or have participated in foster care, or are attending or have attended an alternative school. Provides that juvenile court judges, alternative schools, and community youth organizations shall appoint members to the council.

HB 1365: Various elections matters. – Repeals obsolete dates and application provisions. Updates statutes setting schedules for upcoming elections. Amends the definition of “de minimis change” and “electronic poll book”. Requires the entry of filing information concerning all candidates into the statewide voter registration system. Requires accurate presentation of a candidate’s name containing a pronunciation symbol, such as an accent mark. Provides that if an appointed member of a board is or becomes the relative of an individual with the authority to nominate or appoint a member of the board, the appointed member vacates the office immediately by operation of law, but specifies that an individual serving as a board member on July 1, 2021, is exempt from the restriction. Provides that the precinct judge performs the duties of a precinct election sheriff when the position of the election sheriff has been omitted by a county election board or when a county vote center plan does not specify who performs those duties. Provides that a pollbook holder or a watcher must be a registered voter of the county. Provides that a media watcher must be a registered voter of Indiana or of another state. Requires the cancellation of a voter registration record of an individual reported to be imprisoned following conviction of a felony in another state. Provides that a person is disqualified from assuming or being a candidate for an elected office if the person is a nonjudicial court employee who would violate Rule 4.6 of the Indiana Code of Judicial Conduct by being the candidate of a political party for nomination or election to an elected office or a political party office. Requires retention of electronic poll book information for the same retention period as other election records. Requires ballot proofs to be made available for inspection by county political party officials and school corporations before the county prints ballots. Specifies procedures for the return of an electronic poll book or a voting system from the polls of the precinct or from the vote centers after the close of the polls on election day (other than the ballots and other paper documents returned by the inspector and judge of the opposite political party). Permits a county election board or a board of elections and registration (rather than the Indiana election commission) to authorize a voter to cast an absentee ballot before a traveling board after the usual deadline for doing so if a local disaster emergency is declared by the county. Requires that an absentee ballot application requesting that an absentee ballot be sent by mail or by traveling board, and submitted to a county using the statewide voter registration system, must include a telephone number to contact the applicant. Specifies the requirements for the timing and security of the bipartisan initialing of absentee ballots. Specifies the procedure for an absentee board member or the circuit court clerk’s office when a voter leaves the clerk’s office or satellite office, or declines to return to the booth, without casting an absentee ballot. Requires a voting system to contain features to ensure that unauthorized software has not been installed on the equipment, and to permit the electronic adjudication of voter intent on ballots cast using the voting system. Requires the Voting System Technical Oversight Program to conduct random audits of voting systems and electronic poll books in odd-numbered years. Clarifies standards and procedures concerning determinations made regarding provisional ballots and federal write-in ballots. Repeals the current statute concerning the referral of a disputed ballot to a judge when a recount or contest has not been filed. Extends the deadline for filling a post-primary candidate vacancy from noon on June 30 to noon on July 3 and after July 3 in case of a successful challenge to a candidate nominated by party convention. Amends procedures for candidate filings to fill ballot vacancies in certain cases. Specifies the procedure requiring the reporting of problems experienced with voting systems or electronic poll books. Defines “anomaly”. Makes conforming amendments.

HB 1376: Charitable bail organizations. – Allows a charitable organization to pay bail on behalf of a defendant if the organization: (1) is certified by the commissioner of the department of insurance; (2) pays cash bail in the amount of $2,000 or less on behalf of a defendant charged only with a misdemeanor; (3) only pays bail for a defendant who is indigent; (4) is represented by a bail agent; and (5) meets certain other requirements. Exempts from the certification requirement a charitable organization that pays bail for not more than two individuals in any 180 day period. Provides that if money or bonds have been set, bail by surety may be substituted for the money or bonds at any time before a breach.

HB 1383: Judicial officers. – Provides that a person commits battery on a public safety official if the offense is committed against a current or former public safety official: (1) while the official is engaged in the official’s official duty; or (2) in retaliation for the official having engaged in the official’s official duty. (Under current law, a person commits the offense only if the official is acting in the person’s official duty.) Exempts a person who retires from judicial office after at least 20 years of service or because of a disability from the payment of the fee for a license to carry a handgun. Permits a former judicial officer to possess and use a handgun in the same locations as a judicial officer, and requires the supreme court to annually issue an identification card to a former judicial officer. Makes conforming amendments.

HB 1430: Protections for pregnant inmates. – Provides that the department of correction, a county jail, a juvenile detention center, or a juvenile detention facility shall: (1) use the least restrictive restraints necessary on a pregnant inmate when the pregnant inmate is in the second or third trimester of pregnancy; or (2) no restraints on a pregnant inmate who is in labor, delivering a baby, recuperating from a delivery, or dealing with a medical emergency related to the pregnancy, with certain exceptions. Provides that the department of correction, a county jail, a juvenile detention center, or a juvenile detention facility shall provide specific care, treatment, and education for pregnant inmates and inmates who have recently given birth. Repeals the current statute concerning prenatal and postnatal care and treatment and incorporates it into a new chapter concerning medical care and treatment for pregnant inmates. Establishes the women’s prison oversight advisory committee. Defines “pregnant inmate” and “restraints”.

HB 1457: Knox County magistrate. – Provides a full-time magistrate for Knox County.

HB 1467: Community mental health center matters. – Requires a jail to only employ or contract with providers with specified licensure or certification for the provision of behavioral health services to county jail inmates. Requires the office of the secretary of family and social services (office) to apply for the following Medicaid state plan amendments or Medicaid waivers: (1) Reimbursement of Medicaid rehabilitation option services for a Medicaid eligible recipient who is undertaking an initial assessment, intake, or counseling in a community mental health center. (2) Provision of behavioral health homes in a community mental health center. (3) Authorization of reimbursing for Medicaid rehabilitation option services concurrently with reimbursement under the residential treatment program. (4) Reimbursement for Medicaid rehabilitation option services concurrently with reimbursement under the residential addiction treatment program. (5) The inclusion of video conferencing, telephone services, and text messaging services as telehealth for community mental health centers. Adds: (1) community mental health centers as a telehealth provider; and (2) clinical services and rehabilitation services to the definition of “telehealth services”; for the Medicaid program. Requires implementation of a Medicaid credentialing program not later than July 1, 2021, and allows for the adoption of emergency rules for the program. Prohibits the office from requiring Medicaid provider enrollment in a third party agreement for the Medicaid credentialing program. Requires the department of child services to accept certain criminal history checks and fingerprinting performed by community mental health centers for specified professionals if the process used by the community mental health center at least meets or exceeds the department’s procedures. Adds two members to the justice reinvestment advisory council.

HB 1515: Exposure risk diseases. – Adds any variant of severe acute respiratory syndrome (SARS), including coronavirus disease (COVID-19), to the list of diseases considered an exposure risk disease for purposes of emergency and public safety employee death and disability presumed in the line of duty.

HB 1547: Medical cannabis. – Establishes a medical cannabis program, administered by the state department of health, to permit the use of medical cannabis in Indiana. Reduces the penalty for possession of marijuana, hashish, hash oil, and salvia to: (1) a Class C infraction for a first offense; (2) a Class C misdemeanor for a second or subsequent offense; and (3) a Class A misdemeanor for a second or subsequent offense if the person possesses more than a specified amount. Reduces the penalty for possession of marijuana, hashish, hash oil, or salvia packaged in a container labeled as containing low THC hemp extract to a Class C misdemeanor. Provides that a person’s probation may not be revoked solely on the basis that the person tested positive for marijuana or a metabolite of marijuana. Makes conforming amendments.

HB 1556: Sex offender residency. – Authorizes a county legislative body to adopt an ordinance prohibiting a registered sex offender from establishing a domicile in the county, unless the county was the person’s county of residence at the time the person committed the sex offense.

HB 1579: Juvenile waivers. – Repeals the direct filing of certain juvenile offenses in adult court. Raises the age requirement for the waiver of certain juvenile offenses. Allows a juvenile court to waive jurisdiction of certain crimes to adult court. (Current law requires a juvenile court to waive jurisdiction in certain circumstances.) Modifies the age parameters involving cases that a juvenile court may waive to adult court.

 

Resolutions: 

HJR 1Town and city court judges.Provides that county, township, and town residency requirements prescribed by Article 6, Section 6 of the Indiana Constitution do not apply to city or town court judges. This proposed amendment has not been previously agreed to by a general assembly.